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Child can't be allowed to suffer due to matrimonial dispute

Child can’t be allowed to suffer due to matrimonial dispute

A child should not suffer due to a matrimonial dispute between parents whose duty is to provide all basic amenities the minor is entitled to, a Delhi court has said.

Additional Sessions Judge Pawan Kumar Jain, while rejecting an appeal filed by the father of a minor girl against a trial court order in a domestic violence case, said the mere fact that the mother is working does not deprive the child from maintenance.

The trial court had directed the father to pay Rs 25,000 interim maintenance to the girl on a plea filed by her mother seeking maintenance for the minor.

“Child cannot be allowed to suffer because of matrimonial differences between her parents. It is the duty of parents of the child to provide all amenities to the child for which child is entitled and essential for proper upbringing and growth,” the court said.

It rejected the man’s contention that his estranged wife was a working woman earning a handsome amount and does not require any financial help to maintain the child.

“Mere fact that respondent (wife) is a working woman, is not a ground either to burden her unnecessarily or to deprive the child from maintenance for which she is otherwise entitled,” the court said.

While refusing to interfere with the trial court order directing the father to pay Rs 25,000 interim maintenance holding that it was neither unreasonable, nor “excessive”, the court directed the mother also to provide an additional Rs 12,000 for the child from her own account, noting that her monthly income ranged between Rs 45,000 and Rs 49,000.

It directed the mother to open and maintain a separate bank account in the name of girl child where the contributions of the father and her would be deposited.

“Respondent is permitted to maintain the said account and withdraw upto 50 per cent of the interim maintenance to bear educational expenses and in case she requires more than 50 per cent of the interim maintenance, she shall withdraw the same only with the prior permission of the trial court,” it said.


( Source – PTI )

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